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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:HIV/AIDS and the law in Kenya: preliminary observations
Author:Kibwana, KivuthaISNI
Year:1991
Periodical:Eastern Africa Law Review
Volume:18
Issue:1
Period:June
Pages:1-45
Language:English
Notes:biblio. refs.
Geographic terms:Kenya
East Africa
Subjects:law
AIDS
AIDS (Disease)
Privacy protection
Abstract:This article outlines the relationship between HIV/AIDS and the law in Kenya under the following headings: government intervention and the law, the individual and the law, spouses and the law, and the response of the criminal law to HIV/AIDS. Issues addressed under the heading 'government intervention and the law' include the right of the community to know the magnitude of the epidemic; legal questions which arise regarding mandatory HIV testing, such as whether certain categories of people should be subject to mandatory testing, and who can be told the results; the control of drugs; experimentation; quarantine; and the revision of customary laws and practices. Law relating to HIV/AIDS and the individual will impinge on the minimum age for consensual sex, insurances, and the position of the spouse of someone who is infected. The response of the criminal law to HIV/AIDS hinges on opinions as to the appropriateness of criminal law sanctions for conduct that can potentially spread AIDS. The article concludes that in the near future it will become necessary to develop a comprehensive law on HIV/AIDS and related conditions in Kenya. This will further sensitize people to the problem, tie together all the legal questions, which are currently tackled in various statutes, and create concrete institutional infrastructures to deal with the epidemic. Notes, ref.
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